Expert Advice When You Need It Most

Federal Motor Carrier Safety Regulations- Application to a Truck Accident

Written by: Gregory S. Baumgartner

Reputation Level 7

Personal Injury Trucking Accident

Posted over 2 years ago. Applies to Texas, 0 helpful votes, 0 comments

Save

Share with:

Section 391- Qualification of Drivers

This section provides the minimum standards of a person to drive a commercial vehicle and importantly what disqualifies a person from driving. It provides medical and physical requirements and testing and the general provision that the person "can by reason of experience, training, or both, safely operate the type of commercial vehicle he/she drives". Many drivers on the road are not qualified to drive their trucks.

Section 392- Driving of Commercial Motor Vehicles

This section is critically important in assessing the conduct of a commercial vehicle driver who is subject to the FMCSR. It provides for instances when an operator is ill or overworked such that the drivers ability or alertness is impaired. We see this when a driver works hours in excess of those allowed. It prohibits drugs alcohol or other substances, and specifies lengths of runs with in given hours, among other things. In any 18-wheeler accident- a working knowledge of the Federal Safety regulations is necessary to prosecute a case against the trucking company and driver.